More Jail Time For Computer Crime Starting Next Month

An anonymous reader writes "Washingtonpost.com is running a detailed story about how new changes to the sentencing guidelines will increase jail time for most computer crime cases, starting November 1. When will the feds learn that raising penalties isn't going to deter this type of crime? The piece ends with a quote from uberhacker Kevin Mitnick saying just that."

Comments

Statistics..

[Genjurosan]

I went out to the US Dept of Justice Statistics and Weaselmancer has a pretty good point.

From: USOJP

Mean sentence for murder = 248 months (20.6 years)

Hackers whose exploits result in injury or death -- if they disable emergency response networks or destroy electronic medical records, for example -- face 20 years to life in prison.

Now, I note it does say death, and if a person commits a computer crime that results in death, fine 20 years+ is ok with me; however, injury doesn't warrant the minimum 20 years IMHO.

What worse is that the average for rape is only about 11 years.

UK Computer Misuse Act

[pknut]

The UK already has fairly severe (IMO) penalties for computer crime. The Computer Misuse Act of 1990 makes unauthorized access of a computer system a crime with a maximum sentence of 6 months or a fine of 2000. If there is an intent to commit a crime, then maximum sentence increases to 5 years. The unauthorized alteration of computer data also carries a maximum sentence of 5 years.

The Act covers any crime with a significant link in the UK. Additionally, it also includes conspiracy and incitement. Personally, I believe that the Act was a knee jerk reaction to the thought of criminals running round a wired nation. However, it is rare for somebody to be prosecuted under the Act.

This is the wrong approach.

[eniu!uine]

Why do we need harsher penalties for 'hackers'? It's because there doesn't seem to be an end to computer crime. Unfortunately, this is not the answer. I wouldn't hesitate to say that most computer criminals aren't even aware of the penalties until they get caught. They are concerned with only one thing: the chances of getting caught. The answer should be to take some of the money spent incarcerating people and make security a priority. Offer some tools and education. All this is going to do is put more troubled kids in jail for longer. I don't know about the rest of you, but if I was tried under current law for everything I did when I was a teen, I'd still be in jail right now. Give them a chance to become productive citizens.

Re:This is the wrong approach.

[SpacePunk]

Why do we need harsher penalties for 'hackers'? It's because there doesn't seem to be an end to computer crime. Unfortunately, this is not the answer."

What is the answer? Coddling them? Blaming their parents?

"I wouldn't hesitate to say that most computer criminals aren't even aware of the penalties until they get caught."

Ignorance of the consequences is no excuse.

"They are concerned with only one thing: the chances of getting caught."

Because the chances are low.

"The answer should be to take some of the money spent incarcerating people and make security a priority."

I'm all for turning the criminals over to the people they've wronged, chaining them down or to a post, and letting those people give them some real counseling with an assortment of 'tools'.

"Offer some tools and education."

See above.

"All this is going to do is put more troubled kids in jail for longer. I don't know about the rest of you, but if I was tried under current law for everything I did when I was a teen, I'd still be in jail right now."

Ah, now we know.

"Give them a chance to become productive citizens."

They've blown their chance.